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SDCM71-323: Expert Witness and Dispute Resolution

Description

Project participants need to understand the legal context within which they make decisions and perform actions, as frequently disputes can arise that require resolution and/or expert opinion. Project quality and environmental management provide a convenient instance where disputes and the need for expert testimony can arise, and are examined here in the context of project closure, including lessons learnt, standards, continuous improvement and client satisfaction. A general appreciation of international legal principles informed by case law forms an important backdrop to the subject. Practitioners must understand the limitations of their involvement in legal proceedings and be familiar with the conduct of procedures that commonly occur, including alternative dispute resolution such as arbitration and mediation. A moot court environment is used to demonstrate the experience of appearing in a formal hearing, and students are asked to also prepare or critique an expert report related to an example of ‘defective’ work or service that is the subject of a contractual dispute.

Subject details

Type: Postgraduate Subject
Code: SDCM71-323
EFTSL: 0.125
Faculty: Faculty of Society and Design
Semesters offered:
  • May 2022 [Standard Offering]
  • September 2022 [Standard Offering]
Credit: 10
Study areas:
  • Architecture
Subject fees:
  • Commencing in 2021: $5,320.00
  • Commencing in 2022: $5,380.00
  • Commencing in 2023: $5,520.00
  • Commencing in 2021: $5,570.00
  • Commencing in 2022: $5,570.00
  • Commencing in 2023: $5,710.00

Learning objectives

1. Show competency in project quality and environmental management. 1. Show competency in project quality and environmental management. 2. Explore continuous process improvement strategies for avoiding disputes. 2. Explore continuous process improvement strategies for avoiding disputes. 3. Specify quality and/or environmental standards in a contractual setting. 3. Specify quality and/or environmental standards in a contractual setting. 4. Prepare or critique an expert report based on a dispute over standards. 4. Prepare or critique an expert report based on a dispute over standards. 5. Demonstrate an understanding of legal recourse to conflict on projects. 5. Demonstrate an understanding of legal recourse to conflict on projects.

Enrolment requirements

Requisites:

Nil

Assumed knowledge:

Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.

Restrictions:

Subject dates

  • Standard Offering
    Enrolment opens: 20/03/2022
    Semester start: 16/05/2022
    Subject start: 16/05/2022
    Cancellation 1: 30/05/2022
    Cancellation 2: 06/06/2022
    Last enrolment: 29/05/2022
    Withdraw - Financial: 11/06/2022
    Withdraw - Academic: 02/07/2022
    Teaching census: 10/06/2022
  • Standard Offering
    Enrolment opens: 17/07/2022
    Semester start: 12/09/2022
    Subject start: 12/09/2022
    Cancellation 1: 26/09/2022
    Cancellation 2: 03/10/2022
    Last enrolment: 25/09/2022
    Withdraw - Financial: 08/10/2022
    Withdraw - Academic: 29/10/2022
    Teaching census: 07/10/2022
Standard Offering
Enrolment opens: 20/03/2022
Semester start: 16/05/2022
Subject start: 16/05/2022
Cancellation 1: 30/05/2022
Cancellation 2: 06/06/2022
Last enrolment: 29/05/2022
Withdraw - Financial: 11/06/2022
Withdraw - Academic: 02/07/2022
Teaching census: 10/06/2022